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ADDITIONAL-TERMS AND CONDITIONS

DEFAULT AND LATE PAYMENTS: Should you default on any payment obligation as called for in this agreement, Whole Body Fitness LLC will have the right to declare the entire remaining balance due and payable and you agree to pay allowable interest, and all cost of collection, including but not limited to collection agency fees, court costs, and attorney fees. A default under this agreement occurs when any payment due under this agreement is more than ten days late. Should any monthly payment become more than ten days past due, you will be charged a late fee. An additional service will be charged for any invalid credit card being charged.

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 SALES TAX: Notwithstanding any other provisions of this Agreement, you understand and agree that the amount of your monthly membership dues is based on current sales tax rates and to the extent such rates should increase during your membership, Whole Body Fitness LLC has the right to increase your membership dues by the amount of such increase.

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BILLING COMPANY: The CLUB hereby reserves the right to change the Designated Billing Company at their discretion and without warning. If such a change is made the full terms and conditions of this agreement will continue to apply and you agree to authorize the new Designated Billing Company to continue charging your credit card.

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 MEMBERSHIP FREEZE POLICY: If you have a term membership (ie: 12-month, etc.) you may freeze time on your membership for a medical reason. Freezes can be from 30 to 90 days at a time. We may ask for documentation to verify your situation. Freezing time on your membership does not stop your membership payments. You are still liable for your regular membership dues. Once you resume any usage of the CLUB, the freeze will terminate. Time of any freeze will be credited to the end of your membership's original term.

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MAINTENANCE OF FACILITIES: Whole Body Fitness LLC may be temporarily closed for periods of up to 2 weeks each year for maintenance purposes.

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NOTICE: ANY HOLDER OF THIS AGREEMENT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF, RECOVERY HEREUNDER BYTHE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.

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 MEMBER OBLIGATIONS: (1) MEMBER agrees to abide by all of Whole Body Fitness LLC policies, follow the directions of the staff regarding safety and security issues, and to treat the staff and other MEMBERS with courtesy. (2) MEMBER agrees to pay monthly dues on time, including notifying Whole Body Fitness LLC promptly if banking or credit card information used for automatic payment changes, or to be charged a declined payment fee and or a late fee per delinquent payment. (3) MEMBER agrees to pay all costs of collection incurred by the holder of this agreement if this account becomes more than 60 days past due. (4) MEMBER agrees to continue to fulfill the financial obligation of this agreement, except as allowed below.

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BUYER'S RIGHT TO CANCEL

 1. If by reason of death or disability, the buyer is unable to receive benefits from the seller's services, the contract shall be proportionally divided by all of the days in which the facility was made available to the buyer as part of the contract offering, and the buyer shall be liable for payments only for that portion of the contract that can be attributed to the period prior to the buyer's actual death or disability, exclusive of any period of time in which the facility was made available to the buyer free of charge as part of the contract offering, and the seller, within thirty days after receiving notice of the death or disability, shall return to the buyer or his representative the amount paid in excess of the proportional amount.

2. If the buyer relocates twenty-five miles or more from the facility operated by the seller or a substantially similar facility that would accept the seller's obligation under the contract and if the buyer gives the seller written notice that he intends to relocate and requests that the contract be terminated, the contract shall be proportionally divided by all of the days in which the facility was made available to the buyer as part of the contract offering, and the buyer shall be liable for payments for only that portion of the act that can be attributed to the period prior to the buyer's actual relocation, exclusive of any period of time in which the facility was made available to the buyer free of charge as part of the contract offering, provided, that the seller may require and verify reasonable evidence of relocation, and the seller shall return to the buyer the amount paid in excess of the proportional amount.

 3. If the seller relocates the facility twenty-five miles or more from the buyer's residence or closes the facility and a substantially similar facility that would accept the seller's obligation under the contract is not within twenty-five miles of the buyer's residence, the contract shall be proportionally divided by all of the days in which the facility was made available to the buyer as part of the contract offering, and the buyer shall be liable for payments for only that portion of the contract that can be attributed to the period prior to the seller's actual relocation or closing of the facility, exclusive of any period of time in which the facility was made available if the buyer free of charge as, part of the contract, offering, and the seller shall return to the buyer the amount paid in excess of the proportional amount.

4. All information and material of a personal or private nature that is acquired directly or indirectly from a buyer including but not limited to, answers to tests or questionnaires, photographs, or background information, shall be returned by the seller to the buyer by regular mail within thirty days after the expiration of the contract or after the expiration for any reason of the service to be rendered by the seller.

 

 

SUMMARY OF MEMBERSHIP POLICIES

1. MEMBER, by executing this Agreement, does hereby join the Whole Body Fitness LLC and such membership entitles the MEMBER to use the facilities. The MEMBER is entitled use the facility only (and MEMBER shall be required to provide MEMBER's own personal athletic equipment and clothes. Additional charges for personal training is the responsibility of the Member(s).

2. MEMBER most present upon entering the CLUB his/her membership card. MEMBER agrees that MEMBER may be denied access to the CLUB without his/her membership card.

3. MEMBER agrees to abide by all membership regulations of Whole Body Fitness LLC.  MEMBER agrees to comply with stated and customary rules for participation and use of equipment. Unless cancelled as provided in this Agreement, MEMBER will be responsible for all payments due and owing under this agile Agreement, even if MEMBER does not use Whole Body Fitness LLC facilities and services. However, in the event of death or disability, liability for fees will terminate as of the date of death or disability. If Whole Body Fitness LLC becomes temporarily unavailable due to an event such as fire, flood, loss of lease, or the like, we will extend the MEMBER's membership privileges for the period the facilities were unavailable.

 4. If MEMBER violates this Agreement and the terms contained therein or any of the rules and regulations for use of the facility, Whole Body Fitness LLC may suspend the MEMBER's right to use the facility until such time as the MEMBER provides Whole Body Fitness LLC with reasonable assurance of future compliance. During the period of any such suspension, the MEMBER shall not be entitled to a credit for any prepayment of dues or other fees due or paid pursuant to this Membership Agreement. In the event MEMBER continues to violate the terms Whole Body Fitness LLC, and the balance of the contract declared due and payable in full immediately.

 5. MEMBER agrees that he/she shall not engage in any type of commercial or business activity while using the facilities. MEMBER(s) or guests and any acts which constitute such business activities are strictly forbidden. If MEMBER does engage in such activities their membership shall be subject to immediate cancellation and the balance of the contract declared due and payable in full immediately.

6. MEMBER agrees that MEMBER shall abide by Whole Body Fitness LLC dress code at all times while in the facility. Do NOT wear blue jeans or pants/shorts that have blue jean type seams or rivets. Flip-flops or bare feet are not allowed in Whole Body Fitness LLC.

 7. MEMBER agrees that MEMBER shall not use loud or profane language upon the Whole Body Fitness LLC premises nor shall MEMBER molest, badger, assault or harass other Whole Body Fitness LLC MEMBERS, guests or employees. If MEMBER engages in such behavior, MEMBER's membership shall be subject to immediate cancellation, and the balance of the contract declared due and payable in full immediately.

 8. MEMBER agrees that for membership, and use, of facilities to be valid the Safety Notices and Instructions, on Part II of the agreement must be acknowledged and signed prior to use of Whole Body Fitness LLC premise and facilities.

 9. MEMBER agrees that if MEMBER fails to use Whole Body Fitness LLC facilities that shall not release the MEMBER from the obligation to make all payments required by the terms of this Membership Agreement.

10. Arbitration: All disputes (except small claims under $1,000) will be settled by binding arbitration, before a single arbitrator under the authority of the Federal Arbitration ACT, conducted by and in accordance with the rules and procedures of the American Arbitration Association. The arbitration will take place in the county in which Whole Body Fitness LLC, is located unless otherwise agreed. The decision of the arbitrator will be final and binding on all parties and may be enforced by a judgment entered upon the arbitration award by any state or federal court in this state.

11. should this Agreement be Placed in the hands of an attorney for the violation of any provision contained herein, the parties agree Whole Body Fitness LLC shall be entitled to recover all costs and expenses resulting there from, including a reasonable amount as attorney's fees.

12. The parties hereby agree that the whole agreement between the parties relating to the subject matter hereof Is contained in this Agreement and shall supersede any prior understandings, arrangements, commitments, or undertakings of the parties, whether written or oral, expressed, or implied.

13, This Agreement may not be amended or modified except by an instrument in writing executed by the parties hereto.

14. MEMBER authorizes Whole Body Fitness LLC, and their selected credit card company to contact them by e-mail or telephone.

15. MEMBER has the option to use other Whole Body Fitness LLC locations. If over a period of 60 days, Whole Body Fitness LLC determines that MEMBER primarily uses another Whole Body Fitness LLC facility more than Whole Body Fitness LLC, MEMBER may be transferred to that facility upon written notice to MEMBER, and MEMBER will then be required to pay the membership dues of that facility which may be more than the dues payable under this Agreement.

 16. Whole Body Fitness LLC retains the right to modify these policies without warning.  Reasonable rules and regulations may be posted in the Membership Guide or at the CLUB from time to time and all MEMBERS shell be subject to strict compliance therewith.  The most current copy of the Membership Guide can be found at Whole Body Fitness LLC.

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